Mt. Pleasant Wrongful Death Lawyers
Few losses are more devastating than the unexpected death of a loved one. When that loss is caused by someone else’s negligent actions or misconduct, families deserve justice and accountability. If you have lost a family member in Mt. Pleasant, South Carolina, the wrongful death lawyers at Rogers, Patrick, Westbrook & Brickman LLC are here to fight for you and your loved one.
What Qualifies as a Wrongful Death in South Carolina?
Under South Carolina Code § 15-51-10, a wrongful death claim arises when a person’s death is caused by another’s “wrongful act, neglect, or default.” In essence, if the deceased could have filed a personal injury lawsuit had they survived, the family may pursue a wrongful death claim.
Common causes of wrongful death include:
Each case requires proof that another party’s negligence or misconduct directly caused the death.
Who Can File a Wrongful Death Claim in Mt. Pleasant?
In South Carolina, the executor or administrator of the deceased’s estate must file the lawsuit. The claim is brought on behalf of the surviving family members, which may include:
- The spouse and children of the deceased.
- The parents of the deceased (if no spouse or children survive).
- Other heirs at law (if no immediate family survives).
This ensures that compensation is distributed fairly under South Carolina’s intestacy laws.
Evidence Needed in a Wrongful Death Claim
A successful wrongful death claim requires clear evidence of both liability and damages. Attorneys typically gather:
- Accident or incident reports
- Medical records and autopsy reports
- Witness statements
- Expert testimony on liability and damages
- Employment and income records
- Family photos and statements illustrating loss of companionship
Experienced wrongful death lawyers often work with investigators, accident reconstruction specialists, medical experts, and economists to build a strong case.
Recoverable Damages in South Carolina Wrongful Death Cases
Families may recover both economic and non-economic damages, including but not limited to:
Economic damages:
- Final medical expenses
- Funeral and burial costs
- Loss of the deceased’s income and benefits
- Loss of household services and support
Non-economic damages:
- Emotional suffering and mental anguish
- Loss of companionship, guidance, and care
- Loss of the deceased’s experience and judgment
Courts consider the deceased’s age, health, earning capacity, and family relationships when calculating compensation. In certain cases, punitive damages may also be awarded if the defendant’s conduct was reckless or intentional.
Statute of Limitations for Wrongful Death in South Carolina
Generally, wrongful death claims must be filed within three years of the date of death (South Carolina Code § 15-3-530). Exceptions may apply—for example, claims against government entities often have shorter deadlines. Missing the filing deadline can permanently bar recovery, making it critical to act quickly.
Wrongful Death vs. Criminal Proceedings
Wrongful death lawsuits are civil actions, separate from any criminal charges. Criminal cases seek punishment (such as imprisonment), while civil cases pursue financial compensation for the surviving family.
Importantly, a wrongful death claim can succeed even if no criminal charges are filed or if the defendant is acquitted. Civil cases require proof by a “preponderance of the evidence,” a lower burden than the “beyond a reasonable doubt” standard used in criminal trials.
Distribution of Wrongful Death Compensation
South Carolina law directs how compensation is distributed when a wrongful death claim is successful:
- If the deceased leaves a spouse but no children → the spouse receives the full award.
- If the deceased leaves a spouse and children → both share the award.
- If the deceased leaves children but no spouse → the children receive the award.
- If no spouse or children survive → parents or other heirs may recover compensation.
This structure ensures that the family members most directly impacted by the loss receive appropriate support.
Find Compassionate Legal Support From the Mt. Pleasant Wrongful Death Lawyers at Rogers, Patrick, Westbrook & Brickman LLC
Wrongful death claims are among the most challenging and emotional cases in the legal system. Families often face financial strain, legal complexity, and grief all at once. At Rogers, Patrick, Westbrook & Brickman LLC, we combine compassion with decades of courtroom experience to help families pursue justice and financial security. Call us today at 843-727-6500 or contact us online for a free consultation with a Mt. Pleasant wrongful death lawyer. We have offices in Charleston, Mt. Pleasant, Aiken, and Columbia, and we represent clients throughout South Carolina.
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